Thursday, October 13, 2016

The Superior council of the Judiciary inquiry opens the Carlos Alexandre – Diário de Notícias – Lisbon

The Board received, on 27 September, a complaint from the ex-prime minister Jose Socrates against the judge Carlos Alexandre

The Superior Council of Magistracy (CSM) has opened this Thursday an inquiry by judge Carlos Alexandre, following a complaint submitted by José Sócrates, informed the CSM.

THE CSM has received, on 27 September, a complaint of the former prime minister against the judge Carlos Alexandre [the Central Court of Instruction Criminal (TCIC)], relating to the content of the interview given by this to the SIC, the 07 of September, but decided that only analysed after the Lisbon Court of appeal will rule on the incident of denial presented by the defense attorneys of José Sócrates.

“since the incident of refusal it was decided the 11 of October, it was determined the opening of the corresponding procedure of inquiry,” reads a released today by the CSM.

The organ of management and discipline of judges adds that “it is within the scope of this enquiry procedure that the Council in due course you will appreciate all the issues raised by the above-mentioned interview”.

on The 27th of September, in a note with a paragraph, the CSM announced to have received on that date a complaint of José Socrates against the judge of the TCIC, “with content about which the CSM does not take a position and which will follow its normal procedure”.

on A note disclosed on 15 September, the Superior Council of the Judiciary explained that despite the appreciation that it is not to be confused with the outside made to the Court of Relation to the “time coincidence” of both was “likely to hinder the perception of the public of the proper distinction of these”plans”.

therefore, the organ of management and discipline of the judges has delayed the analysis after 27 September, preferring to wait for the judgment of the Relation of Lisbon on the request for withdrawal of the judge, moved by José Socrates.

The request for withdrawal of Carlos Alexandre of the process Operation Marquis, and the complaint filed in the CSM for the defense of José Sócrates is a follow-up interview of the magistrate to the television station SIC, in which this said to feel listened to in their day-to-day, that is not rich, nor have friends that are.

On Tuesday, the Relation of Lisbon, rejected the request for withdrawal of judge Carlos Alexandre presented by the defense of José Socrates, for the considered “unfounded”.

“The application for refusal presented does not demonstrate that there is serious reason and serious, suitable to generate mistrust about the fairness of the subjective to the judge,” the judgment of the Relationship.

The incident of refusal was presented by the defense of former prime minister José Sócrates in the following statements from judge Carlos Alexandre in an interview to SIC, the 07 of September, in which the magistrate claims to not have money in the accounts of friends, nor bank accounts in the name of friends.

The defense of Socrates claimed that, among other claims, constituted a breach of impartiality of the judge Carlos Alexandre, who came with the survey Operation Marquis, in the Central Court of Instruction Criminal (TCIC).

In the judgment, the Court of appeal considered that the interview with the judge Carlos Alexandre “embodies a course of life relating to the circumstances of his personal life, family, and property, as well as her career”.

For the Relationship of Lisbon, Carlos Alexandre “was intended as only mean that your income are those that are in sight and in his name, and which has not released the hand of any way to hide other income, which effectively has no”.

The Operation Marquês account with 18 defendants, among which José Sócrates, who was arrested pre-emptively for more than nine months, having this coercive measure was changed to house arrest, with police supervision, the 04 of September 2015.

Since October, that is in freedom, although forbidden to leave Portugal, and of contact with other offenders of the process.

Socrates was detained November 21, 2014, at the Lisbon airport, indicted for the crimes of tax fraud qualified, money laundering and passive corruption for illicit act.


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